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Asset confiscation can often cause businesses and individuals anxiety or uncertainty, especially if it is hard-earned real estate being taken. Are you in a position where your assets could be confiscated and need someone you can trust in your corner?
With a criminal lawyer professional who understands the legal landscape and how to navigate it, you can regain control of your assets. Let’s explore some of the details.
Asset confiscation is governed by the Confiscation Act 1997 and the Proceeds of Crime Act 2002. These laws exist to discourage the acquisition of money and property through criminal activity.
Under the Act, authorities can seize assets and property that are considered to be derived from criminal activities.
According to the Victorian Auditor-General’s Office, restraining property through restraining orders is an important stage of the asset confiscation process. Restraining property prevents the property from being disposed of, making it available for a potential forfeiture order, automatic forfeiture, restitution, compensation, or a pecuniary penalty order.
The police and Office of Public Prosecutions apply for restraining orders through the Country and Supreme Courts.
Under the Confiscation Act, these orders enable the state to take your assets, but what is the difference between the two, and what types of orders can the court enforce?
As a court order prevents property from being sold, accessed or disposed of, restraining orders preserve these assets for later forfeiture applications.
Through criminal and civil processes, they can be sought when police have charged the accused with a Schedule 1 or Schedule 2 offence.
A court order that enables the state to confiscate or dispose of tainted property, three kinds of forfeiture orders exist.
Once the accused has been convicted of a Schedule 1 offence, the prosecution can apply to a Court seeking that any tainted property an accused holds be forfeited. This application must be made within 6 months of the conviction. A restraining order isn’t required, but it can often be sought.
A civil proceeding must occur to obtain this order, and it doesn’t require the defendant to be charged or convicted of a criminal offence. A civil forfeiture needs to be obtained within 90 days of a restraining order being made.
An automatic forfeiture occurs, as the name suggests, automatically once the accused has been convicted of Schedule 2 offence (which mainly relate to serious drug trafficking). In this case, there must be a restraining order and no pending applications for exclusions or exclusion orders.
Under the Proceeds of Crime Act, a freezing order can immobilise assets for a period of time if believed to be obtained through illegal activities. It is a preventative measure designed to preserve assets in case they are proceeds of crime.
Enforced by the Australian Federal Police or the Australian Taxation Office, a freezing order can prevent the depletion, disposal, or transfer of assets, freezing them in place. This could include bank accounts, real estate, artwork, jewellery, or anything valuable.
This limited access to funds can prevent access to funds for daily expenses and business operations, damage your reputation, strain personal relationships, or create a perception of guilt before criminal proceedings. For these reasons, having a criminal lawyer on your side that you can trust is critical.
Have you had your assets frozen and need reliable, compassionate legal advice? At May Lawyers, you can expect an experienced criminal lawyer servicing Frankston, Cranbourne, and Dandenong. After all, we care about your outcome.
When it comes to confiscation, what can be at risk? There are several assets you need to consider.
Property such as houses, land, and commercial buildings can be confiscated if linked to illegal activities. This might mean the house was purchased with illegally obtained funds or was used to stage an illegal act (such as acting as an unregistered brothel or drug production facility.)
Intellectual property, trademarks, patents, and copyrights can be targeted for confiscation if they have been associated with fraud or criminal enterprises.
Savings, checking, investments or bank accounts can be at risk of confiscation if proven to be proceeds of criminal activity.
If assets have been obtained unlawfully, or used in connection with an illegal purpose, then they are deemed to be tainted property. This includes any item or wealth obtained through fraud, corruption, or other illegal actions. Whether or not this property will be confiscated depends on the criminal offence, relevant period, and criminal proceedings.
Need more certainty about the complexity of your forfeiture order? As a criminal lawyer servicing Richmond, Windsor, and Fairfield residents needing guidance, you can expect trustworthy legal advice at your corner.
After being convicted of a Schedule 1 or Schedule 2 offence, the court may decide on a PPO, a debt the accused must pay to the state.
This debt must be equal in value to what the accused gained from the criminal offence. These benefits include the money received from the offence, property derived, financial advantage, or increased total property value.
Except for civil forfeiture orders, property can only be confiscated following a criminal conviction. However, a criminal lawyer can support and defend your case if you plead not guilty.
Property can be confiscated if individuals have been found guilty of criminal activities. This could include white-collar crimes such as fraud, drug trafficking, organised crime, or money laundering.
Drug-related offences are a common reason for confiscated property or assets. This can include being convicted of drug trafficking, manufacturing, or the distribution of drugs.
As for the maximum penalty in Victoria, this depends on the specific details of your case.
The court determines the connection between the property in question and the alleged criminal activity if the prosecution and the defence bring forward an examination of evidence.
Through a fair and balanced legal process, the decision is based on reasonable belief that the alleged crime is more than likely connected to the property in question.
In terms of recovering your assets, how can a criminal lawyer help you? A lawyer can represent you, fight for your case, and help you understand your rights and options.
At May Lawyers, we are leading criminal lawyers who provide proven and professional representation when you need it.
For over a decade, I have provided local clients with the criminal defence services they deserve.
As a solicitor recognised by the Law Institute of Victoria as an Accredited Specialist in criminal law, I always ensure that your legal proceedings are as straightforward as possible.
Whether you need services such as a drug offence lawyer, a traffic offence lawyer, bail applications, or confiscation, I provide world-class, flexible support 24/7 if you’ve been arrested. Contact me on 0415 582 404 today for a free case evaluation.